NOTICE: - While reasonable efforts have been made to assure the accuracy of thedata herein, this is NOT the official version of Senate Journal. It is published toprovide information in a timely manner, but has not been proofread against the eventsof the session for this day. All information obtained from this source should be checked againsta proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of theCommonwealth of Massachusetts

Thursday, October 28, 1999.

Met at twenty-four minutes before two o'clock P.M.

Distinguished Guest.

There being no objection, during consideration of the Orders of the Day,the President introduced Gerry Joyce, seated in the back of the Chamber. Mr. Joyce is the father ofSenator Brian A. Joyce from the Suffolk and Norfolk District.

Report.

A report of the Department of Employment and Training (under theprovisions of Chapter 233 of the Acts of 1983) submitting a quarterly update on the condition ofthe Commonwealth's unemployment insurance trust fund (received Monday, October 25,1999),— was placed on file.

Reports of Committees.

By Ms. Walsh, for the committee on Taxation, on petition, a Bill toexempt photocopies provided by libraries from sales tax (Senate, No. 1520, changed in section 2,in line 1, by striking out the words "be effective for the tax year beginning on or after January 1,1991" and inserting in place thereof the following words:— "take effect on or after July 1,1999"; and by striking out section 3);
By the same Senator, for the same committee, on petition, a Bill to amend the 1995 bank taxreform act (Senate, No. 1657); and
By the same Senator, for the same committee, on petition (accompanied by bill, Senate, No. 1508),a Bill clarifying the tax treatment of prepaid calling arrangements (Senate, No. 2032);
Severally read and, under Senate Rule 27, referred to the committee on Ways andMeans.

By Ms. Creem, for the committee on Criminal Justice, on petition, a Billto increase volunteer service (Senate, No. 1932);
Read and, under Senate Rule 26, referred to the committee on Steering and Policy.

PAPERS FROM THE HOUSE.

A Bill making certain appropriations for the fiscal year ending June 30,2000, prior to final action on the General Appropriation Bill for said fiscal year (printed in House,No. 4843,— being a message from His Excellency the Governor),— was read.
There being no objection, the rules were suspended, on motion of Mr. Montigny, and the billwas read a second time, ordered to a third reading, read a third time and passed to be engrossed, inconcurrence.

Report of a Committee.

By Mr. Montigny, for the committee on Ways and Means, that the HouseBill relative to certain capital spending authorizations (House, No. 4574), ought to pas, withamendments:
Striking out all after the enacting clause and inserting in place thereof the text of Senate documentnumbered 2033; and by inserting before the enacting clause the following emergencypreamble:
"Whereas, The deferred operation of this act would tend to defeat its purpose, which isforthwith to provide for certain capital spending authorizations for the fiscal year ending June 30,1999, therefore it is hereby declared to be an emergency law, necessary for the immediatepreservation of the public convenience."
There being no objection, the rules were suspended, on motion of Mr. Montigny, and the bill wasread a second time, amended, as recommended by the committee on Ways and Means, andordered to a third reading. The bill was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Nuciforo moved that the bill beamended, in section 3, by striking out line: "6001-880 6001-8840".
The amendment was adopted.
Mr. Nuciforo further moved to amend the bill, in section 2, by striking out items "7502-0961" and"7502-0963".
The amendment was adopted.
Mr. Nuciforo further moved to amend the bill, in section 2, by striking out items "7113-0963","7113-2960", "7113-2961", "7113-2962", "7113-2963" and "7113-2964".
The amendment was adopted.
The bill, as amended, was then passed to be engrossed, in concurrence, with theamendments.
Sent to the House for concurrence in the amendments.

Orders of the Day.

The Orders of the Day were considered, as follows:
Bills
To regulate restocking fees (Senate, No. 1966);
Relative to the conservation commission in the town of Boxford (Senate, No. 1978);
Authorizing the establishment of the Wood Road betterment fund in the town of Braintree (House,No. 4141);
Relative to the harbormaster, assistant harbormasters, shellfish warden and assistant shellfishwardens of the town of Fairhaven (House, No. 4449); and
Relative to dangerous dogs (House, No. 4750);
Were severally read a second time and ordered to a third reading.

The Senate bills
Exempting certain school transportation personnel from liability for rendering first aid to students(Senate, No. 781) (its title having been changed by the committee on Bills in the ThirdReading);
Releasing a reversionary interest of the Commonwealth in land in the town of Tewksbury (Senate,No. 1488) (its title having been changed by the committee on Bills in the Third Reading);
Relative to billboards (Senate, No. 1967) (its title having been changed by the committee on Billsin the Third Reading);
Relative to marriage and family therapy (Senate, No. 2030) (its title having been changed by thecommittee on Bills in the Third Reading); and
Authorizing the Division of Capital Asset Management and Maintenance to convey a certainparcel of land under the care and control of the Department of Correction to the town of Concordhousing authority (printed as House, No. 2047) (its title having been changed by the committee onBills in the Third Reading);
Were severally read a third time and passed to be engrossed.
Severally sent to the House for concurrence.

The House Bill authorizing the Division of Capital Asset Managementand Maintenance to release certain easements in the town of Reading (House, No. 4461),—was read a third time and passed to be engrossed, in concurrence.

The House Bill relative to the construction and maintenance of thestatewide Vietnam veterans memorial at Green Hill Park in the city of Worcester (House, No.4481),— was read a second time.
Pending the question on ordering the bill to a third reading, on motion of Ms. Melconian, thebill was referred to the committee on Ways and Means.

The Senate Bill relative to medical examinations required by certainboards of registration (Senate, No. 416),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Berry presented the followingamendment:
Striking out section 1 and inserting in place thereof the following two sections:—
"SECTION 1. Subsection (a) of section 33 of chapter 13 of the General Laws, as appearing in the1998 Official Edition, is hereby amended by striking out the first paragraph and inserting in placethereof the following paragraph:—
There shall be a board of public accountancy, in this section and in sections 34 and 35 called theboard, consisting of five members, to be appointed by the governor. Four of the members shallhold a valid biennial permit issued under section 87B of chapter 112 and shall have been activelyengaged on his account or as a member of a partnership in the practice of public accountancy forat least seven years, or as an officer, director, or a shareholder of a professional corporationorganized pursuant to chapter 156A. The fifth member shall be a representative of the public,subject to the provisions of section 9B.
SECTION 1A. Section 87I of chapter 112 of the General Laws, as so appearing, is herebyamended by striking out, in lines 8 to 10, inclusive, the words:— ", and shall furnish to theboard a certificate of a registered physician that such student is not afflicted with any contagious orinfectious disease, of said chapter 112".
Pending the question on adoption of the amendment, and pending the main question onpassing the bill to be engrossed, the further consideration thereof was postponed until the nextsession, on motion of Mr. Clancy.

The Senate Bill relative to domestic violence (Senate, No.1889),— was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeasand nays, at eight minutes before two o'clock P.M., on motion of Ms. Creem, as follows, to wit(yeas 36 — nay 1):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Rauschenbach, Henri S.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Travaglini, Robert E.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J. Walsh, Marian
Montigny, Mark C. Wilkerson, Dianne — 36.
NAYS.
Creedon, Robert S., Jr. — 1.
ABSENT OR NOT VOTING.
Berry, Frederick E. — 1.

The yeas and nays having been completed at three minutes beforetwo o'clock P.M., the bill was passed to be engrossed.

Sent to the House for concurrence.

PAPERS FROM THE HOUSE.
Engrossed Bill.

There being no objection, during consideration of the Orders of the Day,an engrossed Bill making certain appropriations for the fiscal year ending June 30, 2000, prior tofinal action on the General Appropriation Bill for said fiscal year (see House Bill, printed in House,No. 4843) (which originated in the House), having been certified by the Senate Clerk to be rightlyand truly prepared for final passage, was put upon its final passage.
The question on passing the bill to be enacted was determined by a call of the yeas and nays, attwo o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas 37 — nays 0):

YEAS.

NAYS — 0.

ABSENT OR NOT VOTING.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.
Berry, Frederick E. — 1.

The yeas and nays having been completed at two minutes past twoo'clock P.M., the bill was passed to be enacted and it was signed by the President and laid beforethe Governor for his approbation.

Orders of the Day.

The Senate Bill authorizing school committees to award diplomas toveterans of World War II (Senate, No. 1972),— was read a third time.
Ms. Melconian in the Chair, after remarks, the question on passing the bill to be engrossed wasdetermined by a call of the yeas and nays, at eight minutes past two o'clock P.M., on motion ofMr. Rosenberg, as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Brewer, Stephen M.
Bernstein, Robert A. Clancy, Edward J., Jr.
Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Nuciforo, Andrea F., Jr.
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Rauschenbach, Henri S.
Hedlund, Robert L. Resor, Pamela
Jacques, Cheryl A. Rosenberg, Stanley C.
Jajuga, James P. Shannon, Charles E.
Joyce, Brian A. Sprague, Jo Ann
Knapik, Michael R. Tarr, Bruce E.
Lees, Brian P. Tisei, Richard R.
Lynch, Stephen F. Tolman, Steven A.
Magnani, David P. Travaglini, Robert E.
Melconian, Linda J. Tucker, Susan C.
Montigny, Mark C. Walsh, Marian
Moore, Richard T. Wilkerson, Dianne — 37.
Morrissey, Michael W.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at twelve minutes pasttwo o'clock P.M., the bill was passed to be engrossed.
   Sent to the House for concurrence.

There being no objection, during consideration of the Orders of the Day,the following matters were considered, as follows:—

Papers from the House.
Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the county commissioners of BristolCounty to convey certain land to the town of Somerset (see House, No. 1895) (which originated inthe House), having been certified by the Senate Clerk to be rightly and truly prepared for finalpassage,— was put upon its final passage; and, this being a bill providing for the taking ofland or other easements used for conservation purposes, etc., as defined by Article XCVII of theAmendments to the Constitution, the question on passing it to be enacted was determined by a callof the yeas and nays, at fourteen minutes past two o'clock P.M., as follows, to wit (yeas 37 —nays 0):

YEAS.

Antonioni, Robert A. Havern, Robert A.
Bernstein, Robert A. Hedlund, Robert L.
Brewer, Stephen M. Jacques, Cheryl A.
Clancy, Edward J., Jr. Jajuga, James P.
Creedon, Robert S., Jr. Joyce, Brian A.
Creem, Cynthia Stone Knapik, Michael R.
Fargo, Susan C. Lees, Brian P.
Glodis, Guy W. Lynch, Stephen F.
Magnani, David P. Rosenberg, Stanley C.
Melconian, Linda J. Shannon, Charles E.
Montigny, Mark C. Sprague, Jo Ann
Moore, Richard T. Tarr, Bruce E.
Morrissey, Michael W. Tisei, Richard R.
Murray, Therese Tolman, Steven A.
Nuciforo, Andrea F., Jr. Travaglini, Robert E.
Pacheco, Marc R. Tucker, Susan C.
Panagiotakos, Steven C. Walsh, Marian
Rauschenbach, Henri S. Wilkerson, Dianne — 37.
Resor, Pamela

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at seventeen minutes pasttwo o'clock P.M., the bill was passed to be enacted, two-thirds of the members present havingagreed to pass the same, and it was signed by the President and laid before the Governor for hisapprobation.

An engrossed Bill authorizing the town of Amherst to convey a certaineasement (see House, No. 288) (which originated in the House), having been certified by theSenate Clerk to be rightly and truly prepared for final passage,— was put upon its finalpassage; and, this being a bill providing for the taking of land or other easements used forconservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution,the question on passing it to be enacted was determined by a call of the yeas and nays, at eighteenminutes past two o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at twenty-two minutespast two o'clock P.M., the bill was passed to be enacted, two-thirds of the members present havingagreed to pass the same, and it was signed by the President and laid before the Governor for hisapprobation.

An engrossed Bill authorizing the Division of Capital AssetManagement and Maintenance to grant an easement in a certain parcel of land in the city of Boston(see House, No. 2977, amended) (which originated in the House), having been certified by theSenate Clerk to be rightly and truly prepared for final passage,— was put upon its finalpassage; and, this being a bill providing for the taking of land or other easements used forconservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution,the question on passing it to be enacted was determined by a call of the yeas and nays, attwenty-three minutes past two o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at twenty-seven minutespast two o'clock P.M., the bill was passed to be enacted, two-thirds of the members present havingagreed to pass the same, and it was signed by the President and laid before the Governor for hisapprobation.

An engrossed Bill relative to certain conservation restrictions in the townof Sudbury (see printed in House, No. 4228) (which originated in the House), having beencertified by the Senate Clerk to be rightly and truly prepared for final passage,— was putupon its final passage; and, this being a bill providing for the taking of land or other easementsused for conservation purposes, etc., as defined by Article XCVII of the Amendments to theConstitution, the question on passing it to be enacted was determined by a call of the yeas andnays, at twenty-eight minutes past two o'clock P.M., as follows, to wit (yeas 37 — nays0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at a two-thirty P.M., thebill was passed to be enacted, two-thirds of the members present having agreed to pass the same,and it was signed by the President and laid before the Governor for his approbation.

Orders of the Day.

The Orders of the Day were considered, as follows:
The President in the Chair, the Senate Bill relative to charter schools (Senate, No. 2027),—was read a third time.
Pending the question on passing the bill to be engrossed, Ms. Creem moved to amend the bill byinserting after section 2 the following section:—
"SECTION 2A. Said section 89 of said chapter 71, as so appearing, is hereby further amended byadding the following subsection:—
(qq) Any commonwealth charter schools established after December 1, 1999 shall be funded bylocal school districts pursuant to subsection (nn), and in addition to the state approval processestablished in this section, commonwealth charter schools must receive the approval of each cityor town from which the charter school intends to draw students. The approval shall be valid only ifevery local school committee from each local school district from which the charter school intendsto draw students votes to approve the commonwealth charter school."
After remarks, the amendment was rejected.
Mr. Tolman moved to amend the bill by inserting, after section 2, the followingsection:—
"SECTION 2A. Said section 89 of said chapter 71, as so appearing, is hereby further amended byadding the following subsection:—
(rr) Notwithstanding any general or special law to the contrary, commonwealth charter schoolswhich have not received local approval shall be funded as follows:— the commonwealthshall pay to the charter school tuition in an amount equal to the average cost per student of thedistrict in which a charter school student resides, the tuition shall be based upon the student's gradelevel and type of education provided; provided, that the tuition amount paid to the charter schoolshall not exceed the foundation budget amount for the fiscal year that the student is enrolled in thecharter school. The funding for this subsection shall be subject to appropriation and the fundingshall not be deducted from funds distributed pursuant to chapter 70."
After debate, the question on adoption of the amendment was determined by a call of the yeas andnays, at six minutes before three o'clock P.M., on motion of Mr. Tolman, as follows, to wit (yeas17 — nays 20):

YEAS.

Creedon, Robert S., Jr. Murray, Therese
Creem, Cynthia Stone Pacheco, Marc R.
Fargo, Susan C. Panagiotakos, Steven C.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Shannon, Charles E.
Joyce, Brian A. Tolman, Steven A.
Magnani, David P. Tucker, Susan C.
Moore, Richard T. Wilkerson, Dianne — 17.
Morrissey, Michael W.

NAYS.

Antonioni, Robert A. Clancy, Edward J., Jr.
Birmingham, Thomas F. Hedlund, Robert L.
Brewer, Stephen M. Jacques, Cheryl A.
Jajuga, James P. Rauschenbach, Henri S.
Knapik, Michael R. Rosenberg, Stanley C.
Lees, Brian P. Sprague, Jo Ann
Lynch, Stephen F. Tarr, Bruce E.
Melconian, Linda J. Tisei, Richard R.
Montigny, Mark C. Travaglini, Robert E.
Nuciforo, Andrea F., Jr. Walsh, Marian — 20.

PAIRED.

YEA. NAY.
Robert A. Bernstein (present), Frederick E. Berry — 2.

The yeas and nays having been completed at threeo'clock P.M., the amendment was rejected.

Mr. Havern moved to amend the bill by strikingout section 3; and the amendment was rejected.

Mr. Pacheco moved to amend the bill by insertingafter section 1 the following section:—
"SECTION 1A. Subsection (j) of said section 89 of said chapter 71, as so appearing, is herebyamended by striking out clause (5) and inserting in place thereof the following clause:
(5) to make contracts and leases for the procurement of services, equipment and supplies;provided, however, that the board may not procure substantially all educational or managementservices under contract with a for-profit entity; provided further, that no contract may be enteredinto the purpose or effect of which is to avoid the prohibition of this section against charter schoolstatus for private and parochial schools or for-profit entities."
After debate, the question on adoption of the amendment was determined by a call of the yeas andnays, at twenty-six minutes past three o'clock P.M., on motion of Mr. Pacheco, as follows, to wit(yeas 14 — nays 23):

YEAS.

Bernstein, Robert A. Moore, Richard T.
Creedon, Robert S., Jr. Morrissey, Michael W.
Creem, Cynthia Stone Murray, Therese
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Tolman, Steven A.
Joyce, Brian A. Wilkerson, Dianne — 14.

NAYS.

PAIRED.

Antonioni, Robert A. Lees, Brian P.
Birmingham, Thomas F. Lynch, Stephen F.
Brewer, Stephen M. Magnani, David P.
Clancy, Edward J., Jr. Melconian, Linda J.
Hedlund, Robert L. Montigny, Mark C.
Jacques, Cheryl A. Nuciforo, Andrea F., Jr.
Jajuga, James P. Rauschenbach, Henri S.
Knapik, Michael R. Rosenberg, Stanley C.
Shannon, Charles E. Travaglini, Robert E.
Sprague, Jo Ann Tucker, Susan C.
Tarr, Bruce E. Walsh, Marian — 23.
Tisei, Richard R.
YEA. NAY.
Steven C. Panagiotakos (present), Frederick E. Berry — 2.

The yeas and nays having been completedat half past three o'clock P.M., the amendment was rejected.

After debate, Ms. Melconian in the Chair, the question on passing the bill to be engrossed wasdetermined by a call of the yeas and nays, at one minute past four o'clock P.M., on motion of Mr.Havern, as follows, to wit (yeas 21 — nays 17):

YEAS.

Antonioni, Robert A. Nuciforo, Andrea F., Jr.
Birmingham, Thomas F. Rauschenbach, Henri S.
Brewer, Stephen M. Rosenberg, Stanley C.
Clancy, Edward J., Jr. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Melconian, Linda J. Walsh, Marian — 21.
Montigny, Mark C.

NAYS.

Bernstein, Robert A. Moore, Richard T.
Creedon, Robert S., Jr. Morrissey, Michael W.
Creem, Cynthia Stone Murray, Therese
Fargo, Susan C. Pacheco, Marc R.
Glodis, Guy W. Panagiotakos, Steven C.
Havern, Robert A. Resor, Pamela
Hedlund, Robert L. Tolman, Steven A.
Joyce, Brian A. Wilkerson, Dianne — 17.
Magnani, David P.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The President in the Chair, the yeas and nays having been completed at five minutes past fouro'clock P.M., the bill (Senate, No. 2027) was passed to be engrossed.

Sent to the House for concurrence.

The Senate Bill relative to unemployment insurance rates and workforcetraining (Senate, No. 2028),— was read a third time.
After remarks, the question on passing the bill to be engrossed was determined by a call of the yeasand nays, at twenty minutes past four o'clock P.M., on motion of Mr. Lees, as follows, to wit (yeas36 — nays 0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Hedlund, Robert L. Rosenberg, Stanley C.
Jacques, Cheryl A. Shannon, Charles E.
Jajuga, James P. Sprague, Jo Ann
Joyce, Brian A. Tarr, Bruce E.
Knapik, Michael R. Tisei, Richard R.
Lees, Brian P. Tolman, Steven A.
Lynch, Stephen F. Travaglini, Robert E.
Magnani, David P. Tucker, Susan C.
Melconian, Linda J. Walsh, Marian
Montigny, Mark C. Wilkerson, Dianne — 36.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. Havern, Robert A. — 2.

The yeas and nays having been completed at twenty-six minutespast four o'clock P.M., the bill was passed to be engrossed.

Sent to the House for concurrence.

The Senate Bill relative to mental health benefits (Senate, No.2029),— was read a third time.
Pending the question on passing the bill to be engrossed, Mr. Bernstein moved that the bill beamended, in section 1, by striking out the second, third and fourth sentences of subparagraph (g)and inserting in place thereof the following three sentences:— "For purposes of this section:inpatient services may be provided in a general hospital licensed to provide such services, in afacility under the direction and supervision of the department of mental health, in a private mentalhospital licensed by the department of mental health, or in a substance abuse facility licensed bythe department of public health. Intermediate services shall include, but not be limited to, Level IIIcommunity-based detoxification, acute residential treatment, partial hospitalization, day treatmentand crisis stabilization licensed or approved by the department of public health or the departmentof mental health. Outpatient services may be provided in a licensed hospital; a mental health orsubstance abuse clinic licensed by the departm ent of public health; a public community mentalhealth center, a professional office; or home-based services; provided however, services deliveredin such offices or settings are rendered by a licensed mental health professional acting within thescope of his license.";
In section 2, by striking out, the second, third and fourth sentences of subparagraph (g) andinserting in place thereof the following three sentences:— "For purposes of this section:inpatient services may be provided in a general hospital licensed to provide such services, in afacility under the direction and supervision of the department of mental health, in a private mentalhospital licensed by the department of mental health, or in a substance abuse facility licensed bythe department of public health. Intermediate services shall include, but not be limited to, Level IIIcommunity-based detoxification, acute residential treatment, partial hospitalization, day treatmentand crisis stabilization licensed or approved by the department of public health or the departmentof mental health. Outpatient services may be provided in a licensed hospital; a mental health orsubstance abuse clinic licensed by the department of public health; a public community mentalhealth center, a professional office; or home-based ser vices; provided however, services deliveredin such offices or settings are rendered by a licensed mental health professional acting within thescope of his license.";
In section 4, by striking out the second, third and fourth sentences of subparagraph (g) andinserting in place thereof the following three sentences:— "For purposes of this section:inpatient services may be provided in a general hospital licensed to provide such services, in afacility under the direction and supervision of the department of mental health, in a private mentalhospital licensed by the department of mental health, or in a substance abuse facility licensed bythe department of public health. Intermediate services shall include, but not be limited to, Level IIIcommunity-based detoxification, acute residential treatment, partial hospitalization, day treatmentand crisis stabilization licensed or approved by the department of public health or the departmentof mental health. Outpatient services may be provided in a licensed hospital; a mental health orsubstance abuse clinic licensed by the department of public health; a public community mentalhealth center, a professional office; or home-based serv ices; provided however, services deliveredin such offices or settings are rendered by a licensed mental health professional acting within thescope of his license.";
In section 6, by striking out the second. third and fourth sentences of subparagraph (g) andinserting in place thereof the following three sentences:— "For purposes of this section:inpatient services may be provided in a general hospital licensed to provide such services, in afacility under the direction and supervision of the department of mental health, in a private mentalhospital licensed by the department of mental health, or in a substance abuse facility licensed bythe department of public health. Intermediate services shall include, but not be limited to, Level IIIcommunity-based detoxification, acute residential treatment, partial hospitalization, day treatmentand crisis stabilization licensed or approved by the department of public health or the departmentof mental health. Outpatient services may be provided in a licensed hospital; a mental health orsubstance abuse clinic licensed by the department of public health; a public community mentalhealth center, a professional office; or home-based serv ices; provided however, services deliveredin such offices or settings are rendered by a licensed mental health professional acting within thescope of his license.";
In section 10, by striking out the second, third and fourth sentences of subparagraph (g) andinserting in place thereof the following three sentences:— "For purposes of this section:inpatient services may be provided in a general hospital licensed to provide such services, in afacility under the direction and supervision of the department of mental health, in a private mentalhospital licensed by the department of mental health, or in a substance abuse facility licensed bythe department of public health. Intermediate services shall include, but not be limited to, Level IIIcommunity-based detoxification, acute residential treatment, partial hospitalization, day treatmentand crisis stabilization licensed or approved by the department of public health or the departmentof mental health. Outpatient services may be provided in a licensed hospital; a mental health orsubstance abuse clinic licensed by the department of public health; a public community mentalhealth center, a professional office; or home-based ser vices; provided however, services deliveredin such offices or settings are rendered by a licensed mental health professional acting within thescope of his license."
After remarks, the amendment was adopted.
After remarks, the question on passing the bill, as amended, to be engrossed, was determined by acall of the yeas and nays, at twenty minutes before five o'clock P.M., on motion of Mr. Bernstein,as follows, to wit (yeas 37 — nays 0):—

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at seventeen minutes before five o'clock P.M., the bill (Senate, No. 2036, printed as amended) was passed to be engrossed.

Sent to the House for concurrence.

The Senate Bill authorizing licensed educational psychologists to receivecertain insurance payments (Senate, No. 2031),— was read a third time and was amended, onmotion of Ms. Wilkerson, in section 4, by striking out the words "shall be the subject of" andinserting in place thereof the following words:— shall be subject to the terms of.
The bill (Senate, No. 2031, amended), was then passed to be engrossed, in concurrence.

Sent to the House for concurrence.

The Senate report of the committee on Public Safety, ought NOT to pass,on the petition (accompanied by bill, Senate, No. 1116) of Brian P. Lees, Dennis M. Murphy andElizabeth A. Malia for legislation relative to the enforcement of the seat belt law,— was considered, the question being on accepting it.
Mr. Lees moved that the report be amended by substituting, in part, an Order relative to establishing a special committee of the Senate to make an investigation and study relative to legislative proposals to allow for the primary enforcement of the seat belt law of the Commonwealth (Senate, No. 2035). After remarks, the amendment was adopted; and accordingly,the order was adopted.
The recurring question on accepting the adverse report was then considered. On motion of Mr.Lees, the further consideration thereof was postponed until Tuesday, February 1, 2000.

The House Bill relative to disclosure of information to the state policeviolent fugitive arrest squad (House, No. 130),— was considered, the main question being on passing it to be engrossed.
The pending motion, previously moved by Mr. Lees, to lay the matter on the table,— was considered; and it was negatived.

Mr. Lees moved that the vote by which the Senate adopted the amendment, previously moved by Ms. Jacques, striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 1990; and by striking out the title and inserting in place thereof the following title:— "An Act bringing wanted fugitives to justice.",— be reconsidered; and, after remarks, this motion was negatived.

Pending the main question on passing the bill to be engrossed,in concurrence, Mr. Lees moved that the bill be laid on the table; and, in accordance with the provisions of Senate Rule 24, the consideration of the motion to lay on the table was postponed,without question, until the next session.

Order Adopted.

Ms. Fargo, Mr. Antonioni and Ms. Creem offered an Order relative to requiring the opinions of the Honorable the Justices of the Supreme Judicial Court on an important question of law relative to Senate, No. 148, An Act relative to health care facilities (Senate, No.2034).
The order was considered forthwith, and adopted.

PAPERS FROM THE HOUSE.

Engrossed Bills — Land Taking for Conservation, Etc.

An engrossed Bill authorizing the Division of Capital Asset Managementand Maintenance to convey permanent and temporary easements on state property in the city of Boston to Emerson College (see House, No. 4293, amended) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage,—was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at three minutes past five o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at six minutes past five o'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreed to pass the same, and it was signed by the President and laid before the Governor for his approbation.

An engrossed Bill authorizing the placement of a portable classroom on Jackson Park in the town of Swampscott (see House bill printed in House, No. 4638) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly preparedfor final passage,— was put upon its final passage; and, this being a bill providing for the taking of land or other easements used for conservation purposes, etc., as defined by Article XCVII of the Amendments to the Constitution, the question on passing it to be enacted was determined by a call of the yeas and nays, at seven minutes after five o'clock P.M., as follows, to wit (yeas 37 — nays 0):

YEAS.

Antonioni, Robert A. Moore, Richard T.
Bernstein, Robert A. Morrissey, Michael W.
Brewer, Stephen M. Murray, Therese
Clancy, Edward J., Jr. Nuciforo, Andrea F., Jr.
Creedon, Robert S., Jr. Pacheco, Marc R.
Creem, Cynthia Stone Panagiotakos, Steven C.
Fargo, Susan C. Rauschenbach, Henri S.
Glodis, Guy W. Resor, Pamela
Havern, Robert A. Rosenberg, Stanley C.
Hedlund, Robert L. Shannon, Charles E.
Jacques, Cheryl A. Sprague, Jo Ann
Jajuga, James P. Tarr, Bruce E.
Joyce, Brian A. Tisei, Richard R.
Knapik, Michael R. Tolman, Steven A.
Lees, Brian P. Travaglini, Robert E.
Lynch, Stephen F. Tucker, Susan C.
Magnani, David P. Walsh, Marian
Melconian, Linda J. Wilkerson, Dianne — 37.
Montigny, Mark C.

NAYS — 0.

ABSENT OR NOT VOTING.

Berry, Frederick E. — 1.

The yeas and nays having been completed at nine minutes past fiveo'clock P.M., the bill was passed to be enacted, two-thirds of the members present having agreedto pass the same, and it was signed by the President and laid before the Governor for hisapprobation.

Report of a Committee.

By Mr. Antonioni, for the committee on Education, Arts and Humanities,on petition, a Bill relative to certain school projects in the city of Medford (Senate, No. 2024)[Local approval received];
There being no objection, the rules were suspended, on motion of Mr. Shannon, and the billwas read a second time, ordered to a third reading, read a third time and passed to beengrossed.

Sent to the House for concurrence.

Matter Taken Out of the Notice Section.

There being no objection, the following matter was taken out of thenotice section of the Calendar and considered, as follows:
The Senate Bill allowing for the sale of innovative insurance and financial planning products(Senate, No. 1996),— was read a second time and ordered to a third reading.

PAPERS FROM THE HOUSE.

Engrossed Bills.

An engrossed Bill validating the authorization of certain bonds by theHolmes Park Water District (see Senate, No. 1969, changed and amended) (which originated in theSenate), having been certified by the Senate Clerk to be rightly and truly prepared for finalpassage, was passed to be enacted and was signed by the President and laid before the Governorfor his approbation.

An engrossed Bill validating the acts and proceedings of the annual townmeeting held in the town of Halifax (see printed in House, No. 4299) (which originated in theHouse), having been certified by the Senate Clerk to be rightly and truly prepared for finalpassage, was passed to be enacted, two-thirds of the members present having voted in theaffirmative, and it was signed by the President and laid before the Governor for hisapprobation.

Report of Committees.

By Ms. Melconian, for the committees on Rules of the two branches,acting concurrently, that Joint Rule 12 be suspended on the Senate petition of Robert E. Travagliniand Kathi-Anne Reinstein for legislation relative to the appointment of Joseph Cafarelli to theMassachusetts State Police.
Senate Rule 36 was suspended, on motion of Ms. Jacques, and the report was consideredforthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to thecommittee on Public Service.

Sent to the House for concurrence.

Resolutions.

The following resolutions (having been filed with the Clerk) wereconsidered forthwith and adopted, as follows:—
Resolutions (filed by Mr. Panagiotakos) "on the occasion of the thirtieth anniversary of the NashuaRiver Watershed Association".

Order Adopted.

On motion of Ms. Fargo,—
Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next ateleven o'clock A.M., and that the Clerk be directed to dispense with the printing of acalendar.

On motion of Mr. Lees, at thirteen minutes past five o'clock P.M., the Senate adjourned to meet onthe following Monday at eleven o'clock A.M.